Certified
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TAW-72120  /  Vanguard Furniture Company (Conover, NC)

Petitioner Type: Workers
Impact Date: 08/14/2008
Filed Date: 08/25/2009
Most Recent Update: 01/07/2010
Determination Date: 01/07/2010
Expiration Date: 01/07/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,120

VANGUARD FURNITURE COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM FOOTHILLS STAFFING
CONOVER, NORTH CAROLINA


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed by a State Workforce Official on August 25, 2009 on behalf
of workers of Vanguard Furniture Company, Conover, North
Carolina (Vanguard Furniture Company). Workers at the subject
firm are engaged in activities related to the production of
upholstered furniture. The workers are not separately
identifiable by product. The investigation revealed that the
worker group at the subject firm includes on-site leased workers
from Foothills Staffing.
The investigation further revealed that workers of Vanguard
Furniture Company, including on-site leased workers from
Foothills Staffing, Conover, North Carolina who are engaged in
employment related to the production of upholstered furniture
meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of upholstered furniture by the subject firm
decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with upholstered
furniture produced by Vanguard Furniture Company have
increased. Specifically, the Department of Labor conducted a
survey of the subject firm's major declining customers regarding
their purchases of upholstered furniture during the relevant
period. The survey revealed increased customer reliance on
imported upholstered furniture.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of upholstered furniture by customers of
Vanguard Furniture Company contributed importantly to the
worker group separations and sales/production declines at
Vanguard Furniture Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Vanguard Furniture
Company, including on-site leased workers from Foothills
Staffing, Conover, North Carolina, who are engaged in
activities related to the production of upholstered furniture
meet the worker group certification criteria under Section
222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:


"All workers of Vanguard Furniture Company, including on-
site leased workers from Foothills Staffing, Conover,
North Carolina, who became totally or partially separated
from employment on or after August 14, 2008, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 7th day of January 2010


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance